Most Recent Litigation

In denying the petition, USCIS disregarded substantial evidence that the employer requires a bachelor's or higher degree in a "specific specialty" because of the complexity and specialized nature of the job duties.

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.

This case is representative of the difficulties employers encounter when new occupations emerge to fill business needs which require at least a bachelor’s degree, but no consensus exists as to the degree requirement.

Most Recent Amicus Briefs

In this case, the Federal Defenders of San Diego argue that the court should have conducted a deeper inquiry into the voluntariness of a guilty plea offered by 18-year-old Claudia Hernandez-Becerra because she spent three days detained in an “hielera” before her arraignment for entering the United States without permission.

In Matter of Negusie, former Attorney General Jeff Sessions referred to himself the question of whether coercion and duress are relevant to the application of the immigration statute’s persecutor bar for individuals seeking asylum or withholding of removal

Most Recent FOIA

Under the Trump administration, we have seen an uptick in requests for additional information about petitions filed by U.S. employers on behalf of foreign-born workers. We also have seen greater numbers of denials of these petitions. According to the employers and their workers, these trends reflect unlawful adjudications across the board. In response to these changes, the Council filed two Freedom in Information Act requests.